SRC-LBB, TAG S.B. 825 78(R)BILL ANALYSIS


Senate Research CenterS.B. 825
By: Whitmire
                   Criminal Justice
8/24/2003
Enrolled

DIGEST AND PURPOSE 

Currently,  it is a criminal offense for a health care provider to engage
in non-consensual sex with a person in the provider's care or with a
patient.  S.B. 825 makes it a criminal offense for an employee of certain
facilities to engage in sex with a resident of the facility. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsection (b), Penal Code, to provide that a sexual
assault is without the consent of the other person if the actor is an
employee of a facility where the other person is a resident, unless the
employee and resident are formally or informally married to each other
under Chapter 2 (The Marriage Relationship), Family Code.  Makes
nonsubstantive changes. 

SECTION 2.  Amends Subsection (c), Penal Code, by adding Subdivision (5),
to define "employee of a facility." 

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.